It is my view that due to a desire to rebrand the illuminated signs, that the "right of use" provisions noted in the VCAT decision of Kevak Hotels Pty Ltd v Darebin CC [2022] VCAT 318 apply only to premises use that is the same or substantially similar, and not to the display of signs that are illuminated at night as they are matters ancillary to the premises use.
The display of signage illuminated at night is a matter that needs to be carefully considered regarding its necessity, response to context, heritage overlay, the Decision Guidelines, and the Clause 65 VPP matters.
I consider that the matters regarding needing a permit, and impacts upon amenity apply whether the signage is erected on a street or boundary wall, roof, inside a glazed area and that the defining element of it impacting upon community amenity and character is that if it is visible from the public realm, a road, and/or any surrounding site.
Insufficient information has been provided as to the content and use of the proposed new signage, is it discrete "business identification signage" only or does it seek to also display or promote any other branding or insignia.
The display of illuminated signage at this site at night, operating beyond the trading hours of the business premises, responds negatively to the surrounding context and Clause 65 VPP.
Considered optimistically and generously, business identification signage should only be illuminated at night during the operating or trading hours of the business, and not at any other times between sunset and sunrise.
I request that the responsible authority impose these permit conditions:
1 That the signage use be for business identification purposes only pertinent to the business within, and not the promotion nor display of any other advertisement, images, trademarks, branding or insignia that pertain to any other business or product;
2 That the signage be only illuminated between the hours of 7:00 am and 7:00 pm daily except at any times that the business premises is open for trade, where clients or customers are anticipated to ordinarily attend the premises without an appointment, outside of these hours and then only during those times;
3 That the erection of any additional illuminated signage or replacement of this sign fixture with one of an increased size be matters requiring application for a further permit;
4 That the relocation of illuminated sign from its present situation cannot be undertaken without a subsequent permit.
